Madras High Court
K.Ramalingam vs The Inspector General Of Registration on 17 April, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.10333 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.10333 of 2025
K.Ramalingam
S/o.Krishnan ... petitioner
Vs
1. The Inspector General of Registration
Santhome High Road
Chennai-600 028.
2. The District Registrar (Admin)
Santhaimedu
Gingee Road
Tindivanam
Villupuram District.
3. The Joint II Sub Registrar
Tindivanam
Old Court Campus
Nehru Street
Tindivanam
Villupuram District. ... Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Cetiorarified Mandamus calling for
the entire records on the file of the third respondent in pursuance of the
1/5
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Writ Petition No.10333 of 2025
refusal number bearing "RFL/2 vz; ,iz rhh;gjpthsh;
jpz;otdk; 1/2025 dated 27.01.2025 and quash the same and
consequently, direct the respondents to register the settlement deed
executed by the petitioner to and in favour of his wife.
For Petitioner : Mr.G.Baskar
For Respondents : Mr.U.Baranidharan
Special Government Pleader
*****
ORDER
This writ petition has been filed challenging the impugned
refusal check slip issued by the third respondent dated 27.01.2025 and
for a consequential direction to the third respondent to restore the
settlement deed executed by the petitioner in favour of his wife.
2. Heard the learned counsel for the petitioner and the learned
Special Government Pleader for the respondents.
3. The third respondent issued the impugned refusal check slip
on the ground that there is more than one owner shown in the
Encumbrance Register.
4. In the considered view of this court, the third respondent
cannot go into the title dispute in the view of the judgment of Hon'ble
Supreme Court in Civil Appeal No.3954 of 2025 dated 07.04.2025 and
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Writ Petition No.10333 of 2025
relevant portion is extracted hereunder:
'15. The registering officer is not concerned with the
title held by the executant. He has no adjudicatory power to
decide whether the executant has any title. Even if any executant
executes a sale deed or a lease in respect of a land in respect of
which he has no title, the registering officer cannot refuse to
register the document if all the procedural compliances are made
and the necessary stamp duty as well as registration charges /
fee are paid. We may note here that under the scheme of the
1908 Act, it is not the function of the Sub-Registrar or
Registering Authority to ascertain whether the vendor has title to
the property which he is seeking to transfer. Once the
registering authority is satisfied that the parties to the document
are present before him and the parties admit execution thereof
before him, subject to making procedural compliances as
narrated above, the document must be registered. The execution
and registration of a document have the effect of transferring
only those rights, if any, that the executant possesses. If the
executant has no right, title or interest in the property, the
registered document cannot effect any transfer.
16. Therefore, assuming that there is a power under
Section 69 of the 1908 Act to frame the Rules, Rule 55A(i) in
inconsistent with the provisions of the 1908 Act. Due to the
inconsistency, Rule 55A(i) will have to be declared ultra vires the
1908 Act. The rule-making power under Section 69 cannot be
exercised to make a Rule that is inconsistent with the provisions
of the 1908 Act. Rule 55A(i) is accordingly declared as ultra
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Writ Petition No.10333 of 2025
vires the 1908 Act.'
5. In view of the above, the impugned refusal check slip issued
by the third respondent is hereby quashed and there shall be a direction to
the third respondent to register the settlement deed, if it is otherwise in
order.
The Writ Petition is allowed in the above terms. There shall be
no order as to costs.
17.04.2025
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
mk
To
1. The Inspector General of Registration
Santhome High Road
Chennai-600 028.
2. The District Registrar (Admin)
Santhaimedu, Gingee Road
Tindivanam
Villupuram District.
3. The Joint II Sub Registrar
Tindivanam
Old Court Campus
Nehru Street, Tindivanam
Villupuram District.
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Writ Petition No.10333 of 2025
N.ANAND VENKATESH, J
mk
Writ Petition No.10333 of 2025
17.04.2025
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